Moving house in April. Worried about COVID-19 lockdown!

voorsk

Hi peeps!
Like the title says, we're due to complete on 3rd April, but the way things are going at the moment, it looks like the country might be under some sort of lock-down by then. 

Has anyone heard anything about what plans solicitors, estate agents, and removal companies might have for such a situation?  We've contacted our guys this morning, but haven't had a response yet.  I'm getting tempted to buy an old van, in case the removal men and van rental places shut up shop.  

hazyjo

Might be worth searching the forum as we've had 5 or 6 threads on it in the last week.

Generally, nobody really knows yet! Buying a van seems somewhat drastic, but I do get your concern. It would be a nightmare to find they couldn't move you on completion day!

davidmcn

Solicitors (at least the more organised firms) will be preparing contingency plans (or dusting them off) to continue what work they can from home(s) - which is quite a lot considering how much is online or phone these days. Things which actually require bits of paper to be moved around are more tricky.
It will obviously be less of an issue if everyone is in the same boat, but trickier if e.g. your solicitors' office, or your local region, has been quarantined but nobody else's has.

voorsk

hazyjo said:

Might be worth searching the forum as we've had 5 or 6 threads on it in the last week.

Generally, nobody really knows yet! Buying a van seems somewhat drastic, but I do get your concern. It would be a nightmare to find they couldn't move you on completion day!

Ah, sorry - the search was a bit too full to use, and my precursory glance at the board didn't go back enough pages.  I'll go info hunting!

davidmcn

Mickey666 said:

Talk to your solicitor about the risk and responsibilities.  While you are contractually obliged to hand over your house on completion, what if you are prevented from doing so by an enforced 'lock-down'  That would surely be force majeure wouldn't it?

Also, what is the legal situation with such a 'lock down' anyway?   Isn't it more like official advice rather than martial law or a curfew?

1. There's no overriding "force majeure" principle implied into contracts - if you want to rely on something as an exception then it needs to be in the contract. And it isn't typically something included in property purchase contracts.
Though contractual penalties will generally only apply if one party can fulfil their side of the bargain but the other can't. So if you can't move out of your house, but the buyer can't send you the money anyway (because their bank or solicitor is shut) then it's just a stalemate.
2. For the meantime yes just guidelines, but governments can obviously use emergency powers if they need to enforce curfews etc.

voorsk

Mickey666 said:

Also, what is the legal situation with such a 'lock down' anyway?   Isn't it more like official advice rather than martial law or a curfew?

Somewhere in-between, I think.  We're at the mercy of stressed-out HR departments, so anything could happen!
I think the solicitors and estate agents should be fine, but the removal company is my biggest concern.  They're a mid-sized company, and they're doing their survey of our junk worldly possessions tonight, so I'll find out what their plan is then.

voorsk

The movers had no contingency plan, and even had a clause in the contact that said we'd still have to pay even if they couldn't do the move. Not using them!

I'm now considering hiring a van, but that could go wrong, or a private man&van kinda thing.

greatcrested

Mickey666 said:

Also, what is the legal situation with such a 'lock down' anyway?   Isn't it more like official advice rather than martial law or a curfew?

https://inews.co.uk/news/coronavirus-uk-police-powers-detain-suspected-covid-19-emergency-law-2450654

NewShadow

voorsk said:

The movers had no contingency plan, and even had a clause in the contact that said we'd still have to pay even if they couldn't do the move. Not using them!

I'm now considering hiring a van, but that could go wrong, or a private man&van kinda thing.

You could try asking them - given the circumstances - to amend the contract. What would you want though?

- For them to be able to cancel and you not have to pay is probably fairest - but it means you might not be able to move at short notice, so not ideal 
- For them to be able to reschedule you - same issue as above... 
- For them to be responsible for sourcing an alternative company to fulfil the contract - they're unlikely to agree, but you could try
- For them to be liable for any penalty due for failing to fulfil - not a scoobies chance of them agreeing  

If I were you, I'd be contacting my buyer/seller and agreeing with THEM a contingency for if you can't move. 

I'm due - vaguely - to complete around the same time and I've already spoken to my landlord about staying an extra week or so if there's issues arranging move out, and he's agreed I don't have to clean - given we've agreed he will keep my deposit in return for letting me break my contract. 

I would suggest tea and cake but... that sounds unnecessarily social  

Thrugelmir

voorsk said:

Has anyone heard anything about what plans solicitors, estate agents, and removal companies might have for such a situation?  

At the speed events are happening. Two weeks is a long time. Impossible to factor in every scenario. Not just a question of lock down. It's individuals health that may determine events. Self isolation is going to create all sorts of issues. 

Davesnave

voorsk said:  I'm getting tempted to buy an old van, in case the removal men and van rental places shut up shop.  

Do it. We bought a six year old ex-Transco van to do our move 11 years ago and we're still driving it. It's been a lot less bother than the car and we get to see over the hedges too. Once you have one you'll wonder how you ever managed before!